This case has been cited 1 times or more.
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2003-06-16 |
QUISUMBING, J. |
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| We also take note of complainant's own testimony that during the entire two hours that she and the appellants had some drinks,[32] she made no outcry, no attempt to flee, and no act to attract sympathetic attention to her plight. This despite her claim that the appellants had forcibly abducted her. The testimony of Felicidad Antones, the storeowner who testified for the defense, revealed that she did not notice anything untoward during the time Lilibeth and the appellants had their drink. On the contrary, she noticed that Lilibeth drank by herself. We find it unusual and contrary to human experience that Lilibeth did not even entertain suspicion about the appellants' intentions if it were true, as she alleged, that the appellants forced her to drink. In fact, she thought that the threat was only a joke[33] and that the appellants were not at all serious simply because they were laughing as they threatened her.[34] For evidence to be believed, it must not only proceed from the mouth of a credible witness but must be credible in itself such as the common experiences and observation of mankind can approve under the circumstances.[35] In one case, the Court held that it runs counter to human nature and experience for a person who just abducted a woman with the intention of raping her to first enjoy a few rounds of drink with several friends and openly expose his victim to public view. It is even more foolhardy that she be taken to a public place such as a beer-house where she could be seen with her abductor and thus increases the possibility of his being seen and apprehended for his criminal act.[36] If it were true that the appellants forcibly abducted her, her normal reaction would have been to resist and struggle against the abductors. Considering the circumstances of time and place when Lilibeth was supposedly abducted, there was every opportunity for her to seek help by simply shouting or even just walking away. Her failure to make an attempt to escape despite clear opportunities to do so undermines her credibility and renders her testimony unworthy of belief. For, although different women react differently in similar situations, it is unnatural for a would-be victim of rape not to make even a feeble attempt to escape when opportunities arose for doing so.[37] | |||||